Employers Aren t Doing Enough to prevent Sexual Harassment at the office

 

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Employers Aren’t Doing Enough to Stop Sexual Harassment at Work Employers Aren’t Doing Enough to Stop Sexual Harassment at Work The #MeToo movement has shone the spotlight on sexual harassment in the workplace, but a new survey shows most U.S. employers aren’t tackling the issue. Effective Jan. 1, 2020, employers also must provide instruction on sexual harassment prevention to seasonal employees, temporary employees, and employees who are hired to work for less than six months.

This instruction must be provided within 30 calendar days of hire or within 100 hours worked, whichever occurs first. Unlawful harassment may occur without economic injury to, or discharge of, the victim. Prevention is the best tool to eliminate harassment in the workplace. Employers are encouraged to take appropriate steps to prevent and correct unlawful harassment. They should clearly communicate to employees that unwelcome harassing conduct will not be tolerated.

Today, most employers have policies and training focused on prohibiting sexual harassment and other forms of harassment. Often, the training is infrequent and consists of online or short training at the time of hire. Many employers simply “check-the-box” by providing such training to be able to assert its affirmative defense. Sexual harassment in the workplace is wrong and it is illegal. Yet, it happens in workplaces throughout the United States.

When confronted with allegations of sexual harassment, an employer should take immediate action to stop that behavior. But what happens when an employer allows the conduct to keep occurring?While no list of do’s and don’ts can completely protect employers from sexual harassment claims, the following suggestions should go a long way toward protecting an employer from liability. Employers can apply different compensation standards or terms, conditions, and privileges of employment pursuant to bona fide seniority or merit systems, pursuant to systems that measure earnings by production quantity or quality, or to employees who work in different locations if these differences aren’t the result of an intention to.

Prohibited workplace harassment may take either of two forms. It may entail “quid pro quo” harassment, which occurs in cases in which employment decisions or treatment are based on submission to or rejection of unwelcome conduct, typically conduct of a sexual nature. When an employee complains that he or she is experiencing sexual harassment of any type, the employer has a legal, ethical, moral, and employee relations obligation to investigate the charges thoroughly—without delay.

The employer can’t take the time to decide whether they believe the employee or not, but must take him or her at their word. Often, a hostile work environment includes emotional abuse and derogatory statements based on or about a person’s protected trait. When an employer doesn’t respond to complaints about sexual harassment or racial jokes, it can open the door for an employee to sue for emotional abuse.

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To do this, employers must prove that (1) the employer “exercised reasonable care to prevent and promptly correct any sexually harassing behavior” and (2) the plaintiff “unreasonably failed to take advantage of any preventive or corrective opportunities provided by the employer or to otherwise avoid harm.”

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Employers are not liable if they establish and implement preventative policies on sexual harassment, take prompt action to remedy the harassment situation, or when the victim knew or should have known that the employer did not tolerate sexual harassment.

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by Lawrence M. Salinger
SAGE Publications, 2005

Employers should communicate to all employees that sexual harassment will not be tolerated.

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The law prohibits sexual harassment and facilitates access to legal remedies for those who claim discrimination or harassment in the workplace; however, special legal protection against the dismissal of a claimant is only temporary.

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from Country Reports on Human Rights Practices for 2008 Vol.1
by
Government Printing Office,

First, when sexual harassment takes the form of “tangible employment action” (such as a raise, promotion, change in work requirements, or termination taken by a supervisor), the employer will be held strictly liable for the supervisor’s conduct.

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Employers are not allowed to impose agreements or waivers that prevent employees from reporting harassment, exercising any substantive or procedural right or remedy, or participating in a sexual harassment investigation.

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Wolters Kluwer Law & Business, 2018

• Educate yourself on the issue of sexual harassment in the workplace.

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Charges of sexual harassment in the workplace can be filed with the Federal Equal Employment Opportunity CommisSion or with a state’s Human Rights Commission.

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from The New Harvard Guide to Women’s Health
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Harvard University Press, 2004

Without prejudice to the generality of this obligation, they should take the following steps: (a) Express prohibition of sexual harassment, as defined above, at the workplace should be notified, published and circulated in appropriate ways.

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from LABOUR AND INDUSTRIAL LAWS, FOURTH EDITION
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Employees are not required by law to report sexual harassment to their employers in order to file a sexual harassment claim with the EEOC or a court.

“Human Resources Kit For Dummies” by Max Messmer
from Human Resources Kit For Dummies
by Max Messmer
Wiley, 2012

Oktay Kutluk

Kutluk Oktay, MD, FACOG is one of the world's foremost experts in fertility preservation as well as ovarian stimulation and in vitro fertilization for infertility treatments. He developed and performed the world's first ovarian transplantation procedures as well as pioneered new ovarian stimulation protocols for embryo and oocyte freezing for breast and endometrial cancer patients.

Mail: [email protected]
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Biography: https://medicine.yale.edu/profile/kutluk_oktay/
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4 comments

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  • this is just dicey subject. First off no major company doesnt have women in HR or management to discuss this with, lets get that out of the way. Secondly most companies dont like personal relationships in the company environment period, its unavoidable sometimes but theres a clear stigma of outwardly showing your affection towards a partner at work, id say the best thing to do is have HR inform every employee of what constitutes sexual harassment provide everyone with the info of who to contact, take allegations seriously but be fair and impartial and have a zero tolerance policy, which isnt uncommon already

  • I can’t listen… you’re a wasp, I’m African American…. I’ll never ever get justice for what was done to me by wasps in the medical industry…. I did everything according to protocol & was laughed at by the investigator. Nothing was done to either of those sick males….nothing.

  • the video can help but the problem is those videos are so stupid that they end up making light of the situation more

    if the higher ups actually had a conference about it and actually stated what sexual harassment is and what sexual assault is and go over it and explain that they wont allow it (not 0 tolerance because that never works out) but actually didnt allow it you would see how many people do care

    i know a few peoples on youtube who admitted to raping woman because they didnt know it was rape same with sexual harassment/assault

    you would be surprised how many males dont know/understand because its not taught in schools

    even when i go over all the ways to rape a woman mostly males but peoples in general are like i didnt know there were so many different ways rape can happen

    thx for this ha bisky vid and what is worse is when somebody is raped their own familys never believe them and thats how come there are serial rapists (i think my sister will be marrying one) so i am putting myself up as bait and hoping to do a sting operation mainly because i think it would be fun (i am hoping nothing happens and i can just ask him the few questions i want to)

  • This speech doesn’t get realistic until about 5 minutes in. That’s the problem with it.

    And she’s WRONG about women in power, in my repeated experience however. AND NEW STIDIES SUPPORTING THIS. Women in power keep other women down, out of fear of not losing THEIR jobs, and there are new studies investigating this, VALIDATING IT.

    OVER and overdespite qualifying education and experience.

    So this problem must come FULLLLL CIRCLE to fix.

    In case it was missed I’m a woman. And me too has gone too far, but the problem NOW CREATED BT BOTHH, men and women in power, does need fixing.